Florida Personal Injury Laws

Defective Product Case Time Limited

If you believe you or a loved one have been injured by a defective product it’s important that you contact an attorney right away. You know that the manufacturer or designer of the defective product – especially once they’re on notice that an injury has occurred – they will do everything they can to investigate you and to investigate the incident itself to start mounting their defenses to defend any claims brought against them. It’s important because evidence gets stale, people forget things over time. It’s important if you or a loved one have been involved in an incident where you believe you were injured by a defective product that you contact an attorney or a law firm that handles product liability cases, and that you contact them sooner rather than later, because critical evidence can be lost over time.

One of the most common questions we get from car accident victims is: If I get cited for the accident, can I still sue?

Of course you can. The police officer wasn’t a witness to the accident in most cases, as a result, it doesn’t matter who gets the ticket. The jury decides who should’ve gotten the ticket. Call us with any questions about your car accident claim. I’m Mel Wright, I’m a partner at Colling Gilbert Wright and Carter. Call us at 1-800-49-LEGAL.

By: Mel Wright

Finding A Brain Injury Attorney

In a Florida brain injury case, in order to begin the litigation process it is essential that you obtain the services of a very competent, qualified, and experienced trial lawyer. You need to seek out and do the proper research and your due diligence in finding a lawyer who is experienced in handling brain injury cases. And by experience I mean not only a lawyer who has litigated and handled them for years, but a lawyer who has taken brain injury cases to verdict in front of judges and juries.

Personal Injury Lawyer in Orlando

I’m Ron Gilbert with Colling Gilbert Wright & Carter. When you’re injured in the state of Florida you may very well have a personal injury claim. It really depends on the facts and what happened, but if you’re injured in the state of Florida call Colling Gilbert Wright & Carter 1800-49 LEGAL.

By: Ron Gilbert

Most Difficult Personal Injury Case in Orlando

One of the most difficult cases that I’ve ever handled as a trial lawyer was for a family member. My nephew was unfortunately killed in a car accident. He was a deputy sheriff and was t-boned in an intersection by an 18 wheeler. It was a very difficult case to handle. I had to deal with my brother-in-law, and my sister-in-law throughout that entire case, and the grieving process. So, I’ve been involved in cases that are very personal to me. I understand where you are with your case, and with the grieving process that you’re going through. If you’d like to discuss that with me, I’m Ron Gilbert with Colling, Gilbert, Wright & Carter; 1800-49-LEGAL.

By: Ron Gilbert

Punitive Damages For An Auto Accident

In a Florida auto accident case you sometimes can recover punitive damages. These are damages that are different from compensatory damages, which are the damages that compensate you for your injuries. Punitive damages are designed to punish the wrongdoer. In Florida, punitive damages are available in a car accident case, only if you can establish that the defendant, or at-fault driver’s conduct, either was intentional or amounted to gross negligence, which is sometimes also referred to reckless conduct. So it’s a higher threshold that you have to establish in terms of the wrongfulness of the conduct, in order to be entitled to recover punitive damages in your case.

Subrogation Rights

Subrogation rights in the state of Florida essentially means that somebody stands in your shoes to recover. And what that means most typically, especially in an automobile accident case, is you’re involved in an accident and you require medical treatment. And because of that medical treatment you incur, say $10,000 in medical bills that your health insurance company has to pay for.

Well your health insurance company gets to stand in your shoes and they have subrogation rights, where if you later settle the case and the at fault driver’s insurance company pays you for your injuries and damages, you have to pay back the health insurance company that paid for your medical care and treatment that was the result of the at fault driver causing you injuries.

Defective Product Case With Limited Evidence

It is very difficult to pursue a product liability case without having the actual product that is alleged to be defective. Unfortunately, all too often, folks will approach our law firm about pursuing a product defect case or a dangerous medical device case, but that device itself or that product itself has been destroyed or is no longer in existence. If you believe that you’ve been injured by a defective product, you must take all steps to preserve that evidence which will become crucial in the case because both the defense and your own lawyers will have experts that will look at that device and determine whether or not it’s in fact defective. So, it’s very difficult to pursue a product defect case without the actual device that is alleged to be defective.

Determining If You Have A Case

Determining whether or not you have a case in Florida in any instance where there’s been a brain injury is a process of having your attorney evaluate and assess liability or fault. The next issue is an assessment of causation – meaning that the wrongdoing of the defendant, was it a cause of the brain injury – and then determining what the losses or damages are. This is something your attorney must do through the evaluation of such things as medical records, and speaking and conferring with experts who assess all of the documents and evidence in the case. Then, your lawyer will know whether or not you have a valid or viable brain injury case to file.